§78-86. Definitions.
322 words·~1 min read·
/ok/title-78-trade-marks-and-labels/78-86·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in the Uniform Trade Secrets Act, unless the context requires otherwise:
1. "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.
2. "Misappropriation" means:
a. acquisition of a trade secret of another by a person
who knows or has reason to know that the trade secret
was acquired by improper means; or
b. disclosure or use of a trade secret of another without
express or implied consent by a person who:
(1)used improper means to acquire knowledge of the
trade secret; or
(2)at the time of disclosure or use, knew or had
reason to know that his knowledge of the trade
secret was:
(a)derived from or through a person who had
utilized improper means to acquire it; or
(b)acquired under circumstances giving rise to
a duty to maintain its secrecy or limit its
use; or
(c)derived from or through a person who owed a
duty to the person seeking relief to
maintain its secrecy or limit its use; or
(3)before a material change of his position, knew or
had reason to know that it was a trade secret and that
knowledge of it had been acquired by accident or
mistake.
3. "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture,
government, governmental subdivision or agency, or any other legal or commercial entity.
4. "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process, that:
a. derives independent economic value, actual or
potential, from not being generally known to, and not
being readily ascertainable by proper means by, other
persons who can obtain economic value from its
disclosure or use, and
b. is the subject of efforts that are reasonable under
the circumstances to maintain its secrecy. Added by Laws 1986, c. 85, § 2, eff. Nov. 1, 1986.